Barry Bonds

Barry Bonds’ lawyers argue his obstruction of justice conviction today


Barry Bonds lawyers will head into court today to argue his appeal of his obstruction of justice conviction today. There will be no decision today because that’s not how appellate courts roll, but when you read the Bonds headlines later, that’s what it’s about.

To review: Bonds was acquitted on all counts of perjury, but convicted for obstruction of justice. The basis for that conviction: a rambling answer to a question about whether anyone besides team doctors ever injected him with anything. His initial answer was something incoherent about being a “celebrity child.” Prosecutors and the jury say that that answer was “intentionally false, misleading and evasive.”

What no one ever seems to mention, though, is that Bonds actually answered the question:



As I’ve said before: maybe that “no” is lie. Probably is in fact. But the jury didn’t agree, acquitting him on that very question with respect to the perjury count. No, the prosecution claimed, and the jury agreed, that the question was not answered. That Bonds “misled and evaded” the grand jury.

The prosecution can say that all it wants — and maybe the appeals court will uphold the conviction because courts hate overturning jury verdicts as a general rule — but the fact is, Bonds was asked a yes or no question and he answered “no.”  He rambled for a minute, just as every single witness in every single deposition or grand jury hearing in the history of Anglo-American jurisprudence has done.  But he answered the question.  Even the jurors, interviewed after the trial, agreed that he did and questioned their conviction of him. “Wolfram” was one of the jurors:

Wolfram, 25, who works with developmentally disabled adults in Concord, Calif., said four of the jurors were unsure of the wording of that charge in the first place. She said she and those other jurors noticed that Bonds in his grand jury testimony eventually answered whether Anderson had ever injected him. But he did so a few pages later in his testimony, Wolfram said, not in the section mentioned in the charge. She said she and the other three jurors thought Bonds should not be convicted if he ultimately answered the question.

Wolfram said later, however, that they felt they had no choice because the jury instructions — authored by the prosecution — forbade them from looking at his “no, no” answer a page or two after the question was initially asked. To repeat: The prosecution, via the judge’s approval of their jury instruction, specifically told the jury TO NOT LOOK AT THE ANSWER TO THE QUESTION. That is the legal basis of the appeal, by the way: bad jury instruction that all but required a guilty verdict, regardless of the actual facts.

Whatever the case, how all this constitutes obstruction of justice is utterly baffling to me still, a decade after he answered the question. Courts and common sense agree: It is not the job of the criminal justice system to punish an evasive or non-responsive witness. It is the job of the person asking the question to pin an evasive witness down. Here the lawyer in question didn’t do that, but either way, the question was ultimately answered.

Anyway, it’s now up to the Court of Appeals to explain how that constituted obstruction. I’m quite eager to hear how it does. And if it does, I’m quite eager to see if prosecutors start adding obstruction of justice counts to every single case on every single docket in the American judicial system. Because on this rationale, they most certainly could.

There’s no one to blame in Yankees’ loss

Joe Girardi
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You’re going to boo All-Star Brett Gardner for striking out against a Cy Young contender?

You’re going to bash Alex Rodriguez for going hitless in another postseason game, three years after his last one?

Maybe you’d prefer to put it all on Masahiro Tanaka for giving up two solo homers to a lineup full of 20-homer guys?

The truth is that the Yankees were supposed to lose tonight. They were facing an outstanding left-hander with their forever-lefty-heavy lineup, and they simply didn’t have anyone pitching like an ace to set themselves up nicely for a one-game, winner-take-all showdown. The 3-0 result… well, that’s how this was supposed to go down.

It didn’t necessarily mean it would; what fun would it be if the better team always won? And the Astros might not even be a better team than the Yankees. However, the Astros with Dallas Keuchel on the mound were certainly a better team than the Yankees with whoever they picked to throw.

I just don’t see where it’s worth putting any blame tonight. Joe Girardi? He could have started John Ryan Murphy over Brian McCann against the tough lefty, but he wasn’t willing to risk Tanaka losing his comfort zone by using a backup catcher.

The front office could have added more talent, perhaps outbidding the Blue Jays for David Price or the Royals for Johnny Cueto, and set themselves up better for the postseason. However, that would have cost them Luis Severino and/or Greg Bird, both of whom went on to play key roles as the Yankees secured the wild card. Would it really have been worth it? I don’t think so.

Tanaka gave the Yankees what they should have expected. Had Keuchel’s stuff been a little off on short rest, Tanaka’s performance would have kept the Yankees in the game.

Keuchel, though, was on his game from the first pitch. The Astros bullpen might have been a bit more vulnerable, and late at-bats from Gardner, Carlos Beltran, Rodriguez and McCann definitely left something to be desired. Still, on the whole, the lack of offense was quite a team effort.

The Yankees got beat by a better team tonight.  I’m not sure the Astros would have been better in Games 2-7 in a longer series, but they had everything in their favor in this one.

Keuchel, Astros cruise past Yankees in AL Wild Card Game

AP Photo/Kathy Willens

Dallas Keuchel faced the Yankees two times during the regular season and was fantastic in each outing, striking out 12 in a complete-game shutout on June 25 and whiffing nine batters over seven scoreless frames on August 25.

The 2015 Cy  Young Award candidate continued that trend in Tuesday night’s American League Wild Card Game, limiting the Yankees to three hits and one walk over six innings of scoreless ball as the Astros earned a 3-0 win and advanced to a best-of-five ALDS with the top-seeded Royals.

Keuchel was working on three days of rest but didn’t show very many signs of fatigue, whiffing seven and needing only 87 pitches to get through six. He sure looked like he could have gone an inning longer, but Astros manager A.J. Hinch decided to turn the game over to his bullpen and they added three more big zeroes to the scoreboard at a very loud then very boo-heavy Yankee Stadium. Tony Sipp worked around some early jitters to throw a scoreless seventh, Will Harris kept the Yankees off the bases entirely in a scoreless eighth, and closer Luke Gregerson went 1-2-3 in the bottom of the ninth.

Impending free agent outfielder Colby Rasmus provided the first burst of offense for the Astros in the top of the second inning with a leadoff homer against Masahiro Tanaka. And then deadline acquisition Carlos Gomez, who missed a bunch of time down the stretch with an intercostal strain, got to Tanaka for another solo shot in the top of the fourth. Houston scored its third run on a Jose Altuve RBI single in the top of the seventh.

This is a young, talented Astros team with an ace at the head of its rotation.

Kansas City could have a problem.